KARACHI, Aug 29: The Supreme Court directed the city district government on Friday to submit a detailed report on a public park said to have been illegally occupied by shopkeepers and others.
The order came on a civil petition for leave to appeal mover by Advocate Jawaid Haider against a Sindh High Court judgment allowing the Saddar Town municipal administration to establish an information technology centre on 400 square yards of the park area under a federal government-funded project. The three-acre amenity plot is known as Baloch Park and is situated near Iqbal Centre on M.A. Jinnah Road.
Appearing for the petitioner, Advocate Anwar Tariq said all encroachments on the amenity plot, including the IT project, should be demolished to restore its status as an amenity plot.
Representing the Karachi Building Control Authority, Advocate Shahid Jamil Khan submitted that the park was never developed by the municipal authorities, including the Karachi Metropolitan Corporation. Encroachments had existed since 1947 and even earlier. The KBCA could not evict occupants on its own because the issue involved the validity of title claimed by the occupants. An IT centre was belatedly set up by the Saddar municipal administration with funds provided by the federal government.
Defending the impugned judgment, city government counsel Manzoor Ahmed said the SHC dismissed the petition against the IT project as it was meant to be for public welfare. Besides, the project did not impinge on the amenity status of the plot and occupied only 400 square yards of the three-acre area.
A bench comprising Justices Saiyed Saeed Ashhad and Zia Pervez asked the CDGK counsel, Advocate Manzoor Ahmed, and the KBCA counsel to have the park surveyed for pinpointing encroachments and submit the survey report on the next date of hearing.
Zardari’s petition
The Sindh High Court adjourned the hearing of writ petitions moved by the late Pakistan People’s Party chairperson Benazir Bhutto and co-chairperson Asif Ali Zardari against quashment of all accountability cases and proceedings against them under the National Reconciliation Ordinance to Sept 16 for production of the final order on the last remaining inquiry conducted by the Swiss authorities.
Deputy Attorney-General Ashraf Khan Mughal informed a division bench consisting of Justice Ali Sain Dino Metlo and Justice Bin Yamin that the National Accountability Bureau counsel, who was to submit the report, was busy before the Supreme Court.
Ms Bhutto’s petition, filed in 1998, challenged the authority of the then attorney-general to seek assistance from his British counterpart for procuring evidence against her. The Sindh High Court disposed of the petition by saying that it had no jurisdiction in the matter as the entire proceedings were being conducted by the AG from Islamabad.
The SHC order was questioned by Ms Bhutto in the Supreme Court, which remanded the case to the SHC for a decision on merit. The petition was still pending when the NRO was promulgated on Oct 7 and the PPP leader moved an application saying that even if the AG had authority, the request for legal assistance could no longer be made under the provisions of the NRO.
Both she and Mr Zardari also moved petitions for quashment of all proceedings, investigations and inquiries within the country and abroad under the NRO. Former attorney-general Malik Mohammad Qayyum and NAB prosecutor-general Danishwar Malik informed the court that all cases and proceedings had either been terminated under the NRO or quashed on merit.
At the request of the petitioners’ counsel, the court asked the law officers to produce orders showing withdrawal of cases. All orders except one from the Swiss authorities were produced and the petitions were fixed for submission of the Swiss authorities’ termination order.
The bench gave the NAB counsel until Sept 16 to submit a copy of the last order. Advocates Abdul Hafeez Lakho and Haider Ali Sundarani appeared for the petitioners
Prosecutors’ posting
A Sindh High Court division bench consisting of Justices Mrs Qaiser Iqbal and Khalid Ali Z. Qazi, meanwhile, allowed a request by an additional advocate-general to adjourn a petition moved by 16 lawyers against the provincial government’s failure to issue their posting orders as deputy district prosecutors.
The petitioners said they were issued ‘offer letters’ after completion of all formalities as far back as February. They were earlier selected by the Sindh Public Service Commission following a written test and viva voce. In all, 142 lawyers were recommended for appointment by the SPSC and, acting on the recommendation, the government issued all the successful candidates ‘offer letters.’ They signified their acceptance in response.
However, the government had so far not issued their posting orders. Their inquiries have failed to elicit any response.
Additional Advocate-General Abdul Fatah Malik said he needed time to verify the petitioners’ averments. Allowing the request, the bench adjourned the hearing to Sept 9.
It is already seized of identical petitions moved by the successful candidates for the posts of deputy prosecutors-general. The petitioners allege that while the candidates recommended by the SPSC for appointment as additional prosecutors-general had been issued posting orders and were performing their duties, they were being discriminated against by the authorities.